Section 359.220 – Consignment contract requirements.
An art dealer may accept a work of fine art, on a fee, commission or other compensation basis, on consignment from a consignor only if, prior to or at the time of acceptance, the art dealer enters into a written contract with the consignor establishing: (1) The retail value of the work of fine art; […]
Section 359.225 – Payment of sale proceeds of consigned work; consignor’s portion of funds not subject to claims of consignee’s creditors.
The proceeds from a sale of a work of fine art on consignment shall be paid to the consignor within 30 days of receipt by the consignee unless the consignor expressly agrees otherwise in writing. If the sale of the work of fine art is on installment, the funds from the installment shall first be […]
Section 359.230 – Contract provision waiving protections for consignor is void.
Any provision of a contract or agreement pursuant to which the consignor waives any of the provisions of ORS 359.200 to 359.255 is void. [1981 c.410 §7; 2011 c.230 §5]
Section 359.235 – ORS 359.200 to 359.240 not to affect prior transactions; effect of Uniform Commercial Code.
(1) Nothing in ORS 359.200 to 359.255 is intended to affect any written or oral contract or agreement in existence prior to November 1, 1981, unless the parties agree by mutual written consent that ORS 359.200 to 359.255 apply or the contract is extended or renewed after November 1, 1981. (2) ORS 359.200 to 359.255 […]
Section 359.240 – Secreting, withholding or appropriating art work or sale proceeds; penalty.
(1) It is unlawful for a consignee willfully and knowingly to secrete, withhold or appropriate a work of fine art or the proceeds from the sale of a work of fine art for the consignee’s own use or the use of any person other than the consignor, except pursuant to a bona fide sale or […]
Section 359.250 – Liability of art dealer for violation of ORS 359.220.
(1) An art dealer who violates ORS 359.220 is liable to the consignor for $100 plus actual damages, including incidental damages sustained as a result of the violation. (2) If an art dealer violates ORS 359.220, the consignor’s obligation for compensation to the art dealer is voidable by the consignor. [1985 c.830 §7; 2011 c.230 […]
Section 359.255 – Attorney fees.
In any action under any provision of ORS 359.200 to 359.255, the court may award reasonable attorney fees and costs to the prevailing party. [1985 c.830 §8]
Section 359.300 – Definitions for ORS 359.300 to 359.315.
As used in ORS 359.300 to 359.315: (1) “Artist” means the person who conceived or created or conceived and created the master image for, or which served as a model for, the print. (2) “Fine print” includes, but is not limited to, an engraving, etching, woodcut, lithograph, monoprint or serigraph. (3) “Impression” means the printed […]
Section 359.305 – Disclosure statements required; disclaimer; exception for reproduction.
(1) No person, engaged in the business of selling fine prints, shall sell a fine print, at wholesale or at retail, unless the person furnishes the purchaser a certificate or a written invoice or receipt for the purchase price which clearly and conspicuously discloses and warrants all of the applicable information about a fine print […]
Section 359.310 – Contents of disclosure statement.
The following information about a fine print shall be furnished as provided in ORS 359.305: (1) The name of the artist and the year when printed. (2) Exclusive of trial proofs, whether the edition is being offered as a limited edition, and, if so: (a) The authorized maximum number of signed or numbered impressions, or […]